Preface
When a reviewer wishes to give special recognition to a book, he predicts
that it will still be read "a hundred years from now." The
Law, first published as a pamphlet in June, 1850, is already more than
a hundred years old. And because its truths are eternal, it will still
be read when another century has passed.
Frédéric
Bastiat (1801-1850) was a French economist, statesman, and author. He
did most of his writing during the years just before - and immediately
following -- the Revolution of February 1848. This was the period when
France was rapidly turning to complete socialism. As a Deputy to the
Legislative Assembly, Mr. Bastiat was studying and explaining each socialist
fallacy as it appeared. And he explained how socialism must inevitably
degenerate into communism. But most of his countrymen chose to ignore
his logic.
The Law
is here presented again because the same situation exists in America
today as in the France of 1848. The same socialist-communist ideas and
plans that were then adopted in France are now sweeping America. The
explanations and arguments then advanced against socialism by Mr. Bastiat
are -- word for word -- equally valid today. His ideas deserve a serious
hearing.
--------------------------------------------------------------------------------
The law
perverted! And the police powers of the state perverted along with it!
The law, I say, not only turned from its proper purpose but made to
follow an entirely contrary purpose! The law become the weapon of every
kind of greed! Instead of checking crime, the law itself guilty of the
evils it is supposed to punish!
If this
is true, it is a serious fact, and moral duty requires me to call the
attention of my fellow-citizens to it.
Life
Is a Gift from God
We hold from God the gift which includes all others. This gift is life
-- physical, intellectual, and moral life.
But life
cannot maintain itself alone. The Creator of life has entrusted us with
the responsibility of preserving, developing, and perfecting it. In
order that we may accomplish this, He has provided us with a collection
of marvelous faculties. And He has put us in the midst of a variety
of natural resources. By the application of our faculties to these natural
resources we convert them into products, and use them. This process
is necessary in order that life may run its appointed course.
Life,
faculties, production--in other words, individuality, liberty, property
-- this is man. And in spite of the cunning of artful political leaders,
these three gifts from God precede all human legislation, and are superior
to it.
Life, liberty,
and property do not exist because men have made laws. On the contrary,
it was the fact that life, liberty, and property existed beforehand
that caused men to make laws in the first place.
What
Is Law ?
What, then, is law? It is the collective organization of the individual
right to lawful defense.
Each of
us has a natural right--from God--to defend his person, his liberty,
and his property. These are the three basic requirements of life, and
the preservation of any one of them is completely dependent upon the
preservation of the other two. For what are our faculties but the extension
of our individuality? And what is property but an extension of our faculties?
If every
person has the right to defend -- even by force -- his person, his liberty,
and his property, then it follows that a group of men have the right
to organize and support a common force to protect these rights constantly.
Thus the principle of collective right -- its reason for existing, its
lawfulness -- is based on individual right. And the common force that
protects this collective right cannot logically have any other purpose
or any other mission than that for which it acts as a substitute. Thus,
since an individual cannot lawfully use force against the person, liberty,
or property of another individual, then the common force -- for the
same reason -- cannot lawfully be used to destroy the person, liberty,
or property of individuals or groups.
Such a
perversion of force would be, in both cases, contrary to our premise.
Force has been given to us to defend our own individual rights. Who
will dare to say that force has been given to us to destroy the equal
rights of our brothers? Since no individual acting separately can lawfully
use force to destroy the rights of others, does it not logically follow
that the same principle also applies to the common force that is nothing
more than the organized combination of the individual forces?
If this
is true, then nothing can be more evident than this: The law is the
organization of the natural right of lawful defense. It is the substitution
of a common force for individual forces. And this common force is to
do only what the individual forces have a natural and lawful right to
do: to protect persons, liberties, and properties; to maintain the right
of each, and to cause justice to reign over us all.
A Just
and Enduring Government
If a nation were founded on this basis, it seems to me that order would
prevail among the people, in thought as well as in deed. It seems to
me that such a nation would have the most simple, easy to accept, economical,
limited, nonoppressive, just, and enduring government imaginable --
whatever its political form might be.
Under such
an administration, everyone would understand that he possessed all the
privileges as well as all the responsibilities of his existence. No
one would have any argument with government, provided that his person
was respected, his labor was free, and the fruits of his labor were
protected against all unjust attack. When successful, we would not have
to thank the state for our success. And, conversely, when unsuccessful,
we would no more think of blaming the state for our misfortune than
would the farmers blame the state because of hail or frost. The state
would be felt only by the invaluable blessings of safety provided by
this concept of government.
It can
be further stated that, thanks to the non- intervention of the state
in private affairs, our wants and their satisfactions would develop
themselves in a logical manner. We would not see poor families seeking
literary instruction before they have bread. We would not see cities
populated at the expense of rural districts, nor rural districts at
the expense of cities. We would not see the great displacements of capital,
labor, and population that are caused by legislative decisions.
The sources
of our existence are made uncertain and precarious by these state-created
displacements. And, furthermore, these acts burden the government with
increased responsibilities.
The
Complete Perversion of the Law
But, unfortunately, law by no means confines itself to its proper functions.
And when it has exceeded its proper functions, it has not done so merely
in some inconsequential and debatable matters. The law has gone further
than this; it has acted in direct opposition to its own purpose. The
law has been used to destroy its own objective: It has been applied
to annihilating the justice that it was supposed to maintain; to limiting
and destroying rights which its real purpose was to respect. The law
has placed the collective force at the disposal of the unscrupulous
who wish, without risk, to exploit the person, liberty, and property
of others. It has converted plunder into a right, in order to protect
plunder. And it has converted lawful defense into a crime, in order
to punish lawful defense.
How has
this perversion of the law been accomplished? And what have been the
results?
The law
has been perverted by the influence of two entirely different causes:
stupid greed and false philanthropy. Let us speak of the first.
A Fatal
Tendency of Mankind
Self-preservation and self-development are common aspirations among
all people. And if everyone enjoyed the unrestricted use of his faculties
and the free disposition of the fruits of his labor, social progress
would be ceaseless, uninterrupted, and unfailing.
But there
is also another tendency that is common among people. When they can,
they wish to live and prosper at the expense of others. This is no rash
accusation. Nor does it come from a gloomy and uncharitable spirit.
The annals of history bear witness to the truth of it: the incessant
wars, mass migrations, religious persecutions, universal slavery, dishonesty
in commerce, and monopolies. This fatal desire has its origin in the
very nature of man -- in that primitive, universal, and insuppressible
instinct that impels him to satisfy his desires with the least possible
pain.
Property
and Plunder
Man can live and satisfy his wants only by ceaseless labor; by the ceaseless
application of his faculties to natural resources. This process is the
origin of property.
But it
is also true that a man may live and satisfy his wants by seizing and
consuming the products of the labor of others. This process is the origin
of plunder.
Now since
man is naturally inclined to avoid pain -- and since labor is pain in
itself -- it follows that men will resort to plunder whenever plunder
is easier than work. History shows this quite clearly. And under these
conditions, neither religion nor morality can stop it.
When, then,
does plunder stop? It stops when it becomes more painful and more dangerous
than labor.
It is evident,
then, that the proper purpose of law is to use the power of its collective
force to stop this fatal tendency to plunder instead of to work. All
the measures of the law should protect property and punish plunder.
But, generally,
the law is made by one man or one class of men. And since law cannot
operate without the sanction and support of a dominating force, this
force must be entrusted to those who make the laws.
This fact,
combined with the fatal tendency that exists in the heart of man to
satisfy his wants with the least possible effort, explains the almost
universal perversion of the law. Thus it is easy to understand how law,
instead of checking injustice, becomes the invincible weapon of injustice.
It is easy to understand why the law is used by the legislator to destroy
in varying degrees among the rest of the people, their personal independence
by slavery, their liberty by oppression, and their property by plunder.
This is done for the benefit of the person who makes the law, and in
proportion to the power that he holds.
Victims
of Lawful Plunder
Men naturally rebel against the injustice of which they are victims.
Thus, when plunder is organized by law for the profit of those who make
the law, all the plundered classes try somehow to enter -- by peaceful
or revolutionary means -- into the making of laws. According to their
degree of enlightenment, these plundered classes may propose one of
two entirely different purposes when they attempt to attain political
power: Either they may wish to stop lawful plunder, or they may wish
to share in it.
Woe to
the nation when this latter purpose prevails among the mass victims
of lawful plunder when they, in turn, seize the power to make laws!
Until that
happens, the few practice lawful plunder upon the many, a common practice
where the right to participate in the making of law is limited to a
few persons. But then, participation in the making of law becomes universal.
And then, men seek to balance their conflicting interests by universal
plunder. Instead of rooting out the injustices found in society, they
make these injustices general. As soon as the plundered classes gain
political power, they establish a system of reprisals against other
classes. They do not abolish legal plunder. (This objective would demand
more enlightenment than they possess.) Instead, they emulate their evil
predecessors by participating in this legal plunder, even though it
is against their own interests.
It is as
if it were necessary, before a reign of justice appears, for everyone
to suffer a cruel retribution -- some for their evilness, and some for
their lack of understanding.
The
Results of Legal Plunder
It is impossible to introduce into society a greater change and a greater
evil than this: the conversion of the law into an instrument of plunder.
What are
the consequences of such a perversion? It would require volumes to describe
them all. Thus we must content ourselves with pointing out the most
striking.
In the
first place, it erases from everyone's conscience the distinction between
justice and injustice.
No society
can exist unless the laws are respected to a certain degree. The safest
way to make laws respected is to make them respectable. When law and
morality contradict each other, the citizen has the cruel alternative
of either losing his moral sense or losing his respect for the law.
These two evils are of equal consequence, and it would be difficult
for a person to choose between them. The nature of law is to maintain
justice. This is so much the case that, in the minds of the people,
law and justice are one and the same thing. There is in all of us a
strong disposition to believe that anything lawful is also legitimate.
This belief is so widespread that many persons have erroneously held
that things are "just" because law makes them so. Thus, in
order to make plunder appear just and sacred to many consciences, it
is only necessary for the law to decree and sanction it. Slavery, restrictions,
and monopoly find defenders not only among those who profit from them
but also among those who suffer from them.
The
Fate of Non-Conformists
If you suggest a doubt as to the morality of these institutions, it
is boldly said that "You are a dangerous innovator, a utopian,
a theorist, a subversive; you would shatter the foundation upon which
society rests."
If you
lecture upon morality or upon political science, there will be found
official organizations petitioning the government in this vein of thought:
"That science no longer be taught exclusively from the point of
view of free trade (of liberty, of property, and of justice) as has
been the case until now, but also, in the future, science is to be especially
taught from the viewpoint of the facts and laws that regulate French
industry (facts and laws which are contrary to liberty, to property,
and to justice). That, in government-endowed teaching positions, the
professor rigorously refrain from endangering in the slightest degree
the respect due to the laws now in force."*
*General
Council of Manufacturers, Agriculture, and Commerce, May 6, 1850.
Thus, if
there exists a law which sanctions slavery or monopoly, oppression or
robbery, in any form whatever, it must not even be mentioned. For how
can it be mentioned without damaging the respect which it inspires?
Still further, morality and political economy must be taught from the
point of view of this law; from the supposition that it must be a just
law merely because it is a law.
Another
effect of this tragic perversion of the law is that it gives an exaggerated
importance to political passions and conflicts, and to politics in general.
I could
prove this assertion in a thousand ways. But, by way of illustration,
I shall limit myself to a subject that has lately occupied the minds
of everyone: universal suffrage.
Who
Shall Judge?
The followers of Rousseau's school of thought -- who consider themselves
far advanced, but whom I consider twenty centuries behind the times
-- will not agree with me on this. But universal suffrage -- using the
word in its strictest sense -- is not one of those sacred dogmas which
it is a crime to examine or doubt. In fact, serious objections may be
made to universal suffrage.
In the
first place, the word universal conceals a gross fallacy. For example,
there are 36 million people in France. Thus, to make the right of suffrage
universal, there should be 36 million voters. But the most extended
system permits only 9 million people to vote. Three persons out of four
are excluded. And more than this, they are excluded by the fourth. This
fourth person advances the principle of incapacity as his reason for
excluding the others.
Universal
suffrage means, then, universal suffrage for those who are capable.
But there remains this question of fact: Who is capable? Are minors,
females, insane persons, and persons who have committed certain major
crimes the only ones to be determined incapable?
The
Reason Why Voting Is Restricted
A closer examination of the subject shows us the motive which causes
the right of suffrage to be based upon the supposition of incapacity.
The motive is that the elector or voter does not exercise this right
for himself alone, but for everybody.
The most
extended elective system and the most restricted elective system are
alike in this respect. They differ only in respect to what constitutes
incapacity. It is not a difference of principle, but merely a difference
of degree.
If, as
the republicans of our present-day Greek and Roman schools of thought
pretend, the right of suffrage arrives with one's birth, it would be
an injustice for adults to prevent women and children from voting. Why
are they prevented? Because they are presumed to be incapable. And why
is incapacity a motive for exclusion? Because it is not the voter alone
who suffers the consequences of his vote; because each vote touches
and affects everyone in the entire community; because the people in
the community have a right to demand some safeguards concerning the
acts upon which their welfare and existence depend.
The
Answer Is to Restrict the Law
I know what might be said in answer to this; what the objections might
be. But this is not the place to exhaust a controversy of this nature.
I wish merely to observe here that this controversy over universal suffrage
(as well as most other political questions) which agitates, excites,
and overthrows nations, would lose nearly all of its importance if the
law had always been what it ought to be.
In fact,
if law were restricted to protecting all persons, all liberties, and
all properties; if law were nothing more than the organized combination
of the individual's right to self defense; if law were the obstacle,
the check, the punisher of all oppression and plunder -- is it likely
that we citizens would then argue much about the extent of the franchise?
Under these
circumstances, is it likely that the extent of the right to vote would
endanger that supreme good, the public peace? Is it likely that the
excluded classes would refuse to peaceably await the coming of their
right to vote? Is it likely that those who had the right to vote would
jealously defend their privilege?
If the
law were confined to its proper functions, everyone's interest in the
law would be the same. Is it not clear that, under these circumstances,
those who voted could not inconvenience those who did not vote?
The
Fatal Idea of Legal Plunder
But on the other hand, imagine that this fatal principle has been introduced:
Under the pretense of organization, regulation, protection, or encouragement,
the law takes property from one person and gives it to another; the
law takes the wealth of all and gives it to a few -- whether farmers,
manufacturers, shipowners, artists, or comedians. Under these circumstances,
then certainly every class will aspire to grasp the law, and logically
so.
The excluded
classes will furiously demand their right to vote -- and will overthrow
society rather than not to obtain it. Even beggars and vagabonds will
then prove to you that they also have an incontestable title to vote.
They will say to you:
"We
cannot buy wine, tobacco, or salt without paying the tax. And a part
of the tax that we pay is given by law -- in privileges and subsidies
-- to men who are richer than we are. Others use the law to raise the
prices of bread, meat, iron, or cloth. Thus, since everyone else uses
the law for his own profit, we also would like to use the law for our
own profit. We demand from the law the right to relief, which is the
poor man's plunder. To obtain this right, we also should be voters and
legislators in order that we may organize Beggary on a grand scale for
our own class, as you have organized Protection on a grand scale for
your class. Now don't tell us beggars that you will act for us, and
then toss us, as Mr. Mimerel proposes, 600,000 francs to keep us quiet,
like throwing us a bone to gnaw. We have other claims. And anyway, we
wish to bargain for ourselves as other classes have bargained for themselves!"
And what
can you say to answer that argument!
Perverted
Law Causes Conflict
As long as it is admitted that the law may be diverted from its true
purpose -- that it may violate property instead of protecting it --
then everyone will want to participate in making the law, either to
protect himself against plunder or to use it for plunder. Political
questions will always be prejudicial, dominant, and all-absorbing. There
will be fighting at the door of the Legislative Palace, and the struggle
within will be no less furious. To know this, it is hardly necessary
to examine what transpires in the French and English legislatures; merely
to understand the issue is to know the answer.
Is there
any need to offer proof that this odious perversion of the law is a
perpetual source of hatred and discord; that it tends to destroy society
itself? If such proof is needed, look at the United States [in 1850].
There is no country in the world where the law is kept more within its
proper domain: the protection of every person's liberty and property.
As a consequence of this, there appears to be no country in the world
where the social order rests on a firmer foundation. But even in the
United States, there are two issues -- and only two -- that have always
endangered the public peace.
Slavery
and Tariffs Are Plunder
What are these two issues? They are slavery and tariffs. These are the
only two issues where, contrary to the general spirit of the republic
of the United States, law has assumed the character of plunder.
Slavery
is a violation, by law, of liberty. The protective tariff is a violation,
by law, of property.
Its is
a most remarkable fact that this double legal crime - a sorrowful inheritance
of the Old World - should be the only issue which can, and perhaps will,
lead to the ruin of the Union. It is indeed impossible to imagine, at
the very heart of a society, a more astounding fact than this: The law
has come to be an instrument of injustice. And if this fact brings terrible
consequences to the United States - where only in the instance of slavery
and tariffs - what must be the consequences in Europe, where the perversion
of law is a principle; a system?
Two
Kinds of Plunder
Mr. de Montalembert [politician and writer] adopting the thought contained
in a famous proclamation by Mr. Carlier, has said: "We must make
war against socialism." According to the definition of socialism
advanced by Mr. Charles Dupin, he meant: "We must make war against
plunder."
But of
what plunder was he speaking? For there are two kinds of plunder: legal
and illegal.
I do not
think that illegal plunder, such as theft or swindling -- which the
penal code defines, anticipates, and punishes -- can be called socialism.
It is not this kind of plunder that systematically threatens the foundations
of society. Anyway, the war against this kind of plunder has not waited
for the command of these gentlemen. The war against illegal plunder
has been fought since the beginning of the world. Long before the Revolution
of February 1848 -- long before the appearance even of socialism itself
-- France had provided police, judges, gendarmes, prisons, dungeons,
and scaffolds for the purpose of fighting illegal plunder. The law itself
conducts this war, and it is my wish and opinion that the law should
always maintain this attitude toward plunder.
The
Law Defends Plunder
But it does not always do this. Sometimes the law defends plunder and
participates in it. Thus the beneficiaries are spared the shame, danger,
and scruple which their acts would otherwise involve. Sometimes the
law places the whole apparatus of judges, police, prisons, and gendarmes
at the service of the plunderers, and treats the victim -- when he defends
himself -- as a criminal. In short, there is a legal plunder, and it
is of this, no doubt, that Mr. de Montalembert speaks.
This legal
plunder may be only an isolated stain among the legislative measures
of the people. If so, it is best to wipe it out with a minimum of speeches
and denunciations -- and in spite of the uproar of the vested interests.
How
to Identify Legal Plunder
But how is this legal plunder to be identified? Quite simply. See if
the law takes from some persons what belongs to them, and gives it to
other persons to whom it does not belong. See if the law benefits one
citizen at the expense of another by doing what the citizen himself
cannot do without committing a crime.
Then abolish
this law without delay, for it is not only an evil itself, but also
it is a fertile source for further evils because it invites reprisals.
If such a law -- which may be an isolated case -- is not abolished immediately,
it will spread, multiply, and develop into a system.
The person
who profits from this law will complain bitterly, defending his acquired
rights. He will claim that the state is obligated to protect and encourage
his particular industry; that this procedure enriches the state because
the protected industry is thus able to spend more and to pay higher
wages to the poor workingmen.
Do not
listen to this sophistry by vested interests. The acceptance of these
arguments will build legal plunder into a whole system. In fact, this
has already occurred. The present-day delusion is an attempt to enrich
everyone at the expense of everyone else; to make plunder universal
under the pretense of organizing it.
Legal
Plunder Has Many Names
Now, legal plunder can be committed in an infinite number of ways. Thus
we have an infinite number of plans for organizing it: tariffs, protection,
benefits, subsidies, encouragements, progressive taxation, public schools,
guaranteed jobs, guaranteed profits, minimum wages, a right to relief,
a right to the tools of labor, free credit, and so on, and so on. All
these plans as a whole --with their common aim of legal plunder -- constitute
socialism.
Now, since
under this definition socialism is a body of doctrine, what attack can
be made against it other than a war of doctrine? If you find this socialistic
doctrine to be false, absurd, and evil, then refute it. And the more
false, the more absurd, and the more evil it is, the easier it will
be to refute. Above all, if you wish to be strong, begin by rooting
out every particle of socialism that may have crept into your legislation.
This will be no light task.
Socialism
Is Legal Plunder
Mr. de Montalembert has been accused of desiring to fight socialism
by the use of brute force. He ought to be exonerated from this accusation,
for he has plainly said: "The war that we must fight against socialism
must be in harmony with law, honor, and justice."
But why
does not Mr. de Montalembert see that he has placed himself in a vicious
circle? You would use the law to oppose socialism? But it is upon the
law that socialism itself relies. Socialists desire to practice legal
plunder, not illegal plunder. Socialists, like all other monopolists,
desire to make the law their own weapon. And when once the law is on
the side of socialism, how can it be used against socialism? For when
plunder is abetted by the law, it does not fear your courts, your gendarmes,
and your prisons. Rather, it may call upon them for help.
To prevent
this, you would exclude socialism from entering into the making of laws?
You would prevent socialists from entering the Legislative Palace? You
shall not succeed, I predict, so long as legal plunder continues to
be the main business of the legislature. It is illogical -- in fact,
absurd -- to assume otherwise.
The
Choice Before Us
This question of legal plunder must be settled once and for all, and
there are only three ways to settle it:
1. The
few plunder the many.
2. Everybody
plunders everybody.
3. Nobody
plunders anybody.
We must
make our choice among limited plunder, universal plunder, and no plunder.
The law can follow only one of these three.
Limited
legal plunder: This system prevailed when the right to vote was restricted.
One would turn back to this system to prevent the invasion of socialism.
Universal
legal plunder: We have been threatened with this system since the franchise
was made universal. The newly enfranchised majority has decided to formulate
law on the same principle of legal plunder that was used by their predecessors
when the vote was limited.
No legal
plunder: This is the principle of justice, peace, order, stability,
harmony, and logic. Until the day of my death, I shall proclaim this
principle with all the force of my lungs (which alas! is all too inadequate).*
*Translator's
note: At the time this was written, Mr. Bastiat knew that he was dying
of tuberculosis. Within a year, he was dead.
The
Proper Function of the Law
And, in all sincerity, can anything more than the absence of plunder
be required of the law? Can the law -- which necessarily requires the
use of force -- rationally be used for anything except protecting the
rights of everyone? I defy anyone to extend it beyond this purpose without
perverting it and, consequently, turning might against right. This is
the most fatal and most illogical social perversion that can possibly
be imagined. It must be admitted that the true solution -- so long searched
for in the area of social relationships -- is contained in these simple
words: Law is organized justice.
Now this
must be said: When justice is organized by law -- that is, by force
-- this excludes the idea of using law (force) to organize any human
activity whatever, whether it be labor, charity, agriculture, commerce,
industry, education, art, or religion. The organizing by law of any
one of these would inevitably destroy the essential organization --
justice. For truly, how can we imagine force being used against the
liberty of citizens without it also being used against justice, and
thus acting against its proper purpose?
The
Seductive Lure of Socialism
Here I encounter the most popular fallacy of our times. It is not considered
sufficient that the law should be just; it must be philanthropic. Nor
is it sufficient that the law should guarantee to every citizen the
free and inoffensive use of his faculties for physical, intellectual,
and moral self-improvement. Instead, it is demanded that the law should
directly extend welfare, education, and morality throughout the nation.
This is
the seductive lure of socialism. And I repeat again: These two uses
of the law are in direct contradiction to each other. We must choose
between them. A citizen cannot at the same time be free and not free.
Enforced
Fraternity Destroys Liberty
Mr. de Lamartine once wrote to me thusly: "Your doctrine is only
the half of my program. You have stopped at liberty; I go on to fraternity."
I answered him: "The second half of your program will destroy the
first."
In fact,
it is impossible for me to separate the word fraternity from the word
voluntary. I cannot possibly understand how fraternity can be legally
enforced without liberty being legally destroyed, and thus justice being
legally trampled underfoot.
Legal plunder
has two roots: One of them, as I have said before, is in human greed;
the other is in false philanthropy.
At this
point, I think that I should explain exactly what I mean by the word
plunder.*
*Translator's
note: The French word used by Mr. Bastiat is spoliation.
Plunder
Violates Ownership
I do not, as is often done, use the word in any vague, uncertain, approximate,
or metaphorical sense. I use it in its scientific acceptance -- as expressing
the idea opposite to that of property [wages, land, money, or whatever].
When a portion of wealth is transferred from the person who owns it
-- without his consent and without compensation, and whether by force
or by fraud -- to anyone who does not own it, then I say that property
is violated; that an act of plunder is committed.
I say that
this act is exactly what the law is supposed to suppress, always and
everywhere. When the law itself commits this act that it is supposed
to suppress, I say that plunder is still committed, and I add that from
the point of view of society and welfare, this aggression against rights
is even worse. In this case of legal plunder, however, the person who
receives the benefits is not responsible for the act of plundering.
The responsibility for this legal plunder rests with the law, the legislator,
and society itself. Therein lies the political danger.
It is to
be regretted that the word plunder is offensive. I have tried in vain
to find an inoffensive word, for I would not at any time -- especially
now -- wish to add an irritating word to our dissentions. Thus, whether
I am believed or not, I declare that I do not mean to attack the intentions
or the morality of anyone. Rather, I am attacking an idea which I believe
to be false; a system which appears to me to be unjust; an injustice
so independent of personal intentions that each of us profits from it
without wishing to do so, and suffers from it without knowing the cause
of the suffering.
Three
Systems of Plunder
The sincerity of those who advocate protectionism, socialism, and communism
is not here questioned. Any writer who would do that must be influenced
by a political spirit or a political fear. It is to be pointed out,
however, that protectionism, socialism, and communism are basically
the same plant in three different stages of its growth. All that can
be said is that legal plunder is more visible in communism because it
is complete plunder; and in protectionism because the plunder is limited
to specific groups and industries.* Thus it follows that, of the three
systems, socialism is the vaguest, the most indecisive, and, consequently,
the most sincere stage of development.
*If the
special privilege of government protection against competition -- a
monopoly -- were granted only to one group in France, the iron workers,
for instance, this act would so obviously be legal plunder that it could
not last for long. It is for this reason that we see all the protected
trades combined into a common cause. They even organize themselves in
such a manner as to appear to represent all persons who labor. Instinctively,
they feel that legal plunder is concealed by generalizing it.
But sincere
or insincere, the intentions of persons are not here under question.
In fact, I have already said that legal plunder is based partially on
philanthropy, even though it is a false philanthropy.
With this
explanation, let us examine the value -- the origin and the tendency
-- of this popular aspiration which claims to accomplish the general
welfare by general plunder.
Law
Is Force
Since the law organizes justice, the socialists ask why the law should
not also organize labor, education, and religion.
Why should
not law be used for these purposes? Because it could not organize labor,
education, and religion without destroying justice. We must remember
that law is force, and that, consequently, the proper functions of the
law cannot lawfully extend beyond the proper functions of force.
When law
and force keep a person within the bounds of justice, they impose nothing
but a mere negation. They oblige him only to abstain from harming others.
They violate neither his personality, his liberty, nor his property.
They safeguard all of these. They are defensive; they defend equally
the rights of all.
Law
Is a Negative Concept
The harmlessness of the mission performed by law and lawful defense
is self-evident; the usefulness is obvious; and the legitimacy cannot
be disputed.
As a friend
of mine once remarked, this negative concept of law is so true that
the statement, the purpose of the law is to cause justice to reign,
is not a rigorously accurate statement. It ought to be stated that the
purpose of the law is to prevent injustice from reigning. In fact, it
is injustice, instead of justice, that has an existence of its own.
Justice is achieved only when injustice is absent.
But when
the law, by means of its necessary agent, force, imposes upon men a
regulation of labor, a method or a subject of education, a religious
faith or creed -- then the law is no longer negative; it acts positively
upon people. It substitutes the will of the legislator for their own
wills; the initiative of the legislator for their own initiatives. When
this happens, the people no longer need to discuss, to compare, to plan
ahead; the law does all this for them. Intelligence becomes a useless
prop for the people; they cease to be men; they lose their personality,
their liberty, their property.
Try to
imagine a regulation of labor imposed by force that is not a violation
of liberty; a transfer of wealth imposed by force that is not a violation
of property. If you cannot reconcile these contradictions, then you
must conclude that the law cannot organize labor and industry without
organizing injustice.
The
Political Approach
When a politician views society from the seclusion of his office, he
is struck by the spectacle of the inequality that he sees. He deplores
the deprivations which are the lot of so many of our brothers, deprivations
which appear to be even sadder when contrasted with luxury and wealth.
Perhaps
the politician should ask himself whether this state of affairs has
not been caused by old conquests and lootings, and by more recent legal
plunder. Perhaps he should consider this proposition: Since all persons
seek well-being and perfection, would not a condition of justice be
sufficient to cause the greatest efforts toward progress, and the greatest
possible equality that is compatible with individual responsibility?
Would not this be in accord with the concept of individual responsibility
which God has willed in order that mankind may have the choice between
vice and virtue, and the resulting punishment and reward?
But the
politician never gives this a thought. His mind turns to organizations,
combinations, and arrangements -- legal or apparently legal. He attempts
to remedy the evil by increasing and perpetuating the very thing that
caused the evil in the first place: legal plunder. We have seen that
justice is a negative concept. Is there even one of these positive legal
actions that does not contain the principle of plunder?
The
Law and Charity
You say: "There are persons who have no money," and you turn
to the law. But the law is not a breast that fills itself with milk.
Nor are the lacteal veins of the law supplied with milk from a source
outside the society. Nothing can enter the public treasury for the benefit
of one citizen or one class unless other citizens and other classes
have been forced to send it in. If every person draws from the treasury
the amount that he has put in it, it is true that the law then plunders
nobody. But this procedure does nothing for the persons who have no
money. It does not promote equality of income. The law can be an instrument
of equalization only as it takes from some persons and gives to other
persons. When the law does this, it is an instrument of plunder.
With this
in mind, examine the protective tariffs, subsidies, guaranteed profits,
guaranteed jobs, relief and welfare schemes, public education, progressive
taxation, free credit, and public works. You will find that they are
always based on legal plunder, organized injustice.
The
Law and Education
You say: "There are persons who lack education," and you turn
to the law. But the law is not, in itself, a torch of learning which
shines its light abroad. The law extends over a society where some persons
have knowledge and others do not; where some citizens need to learn,
and others can teach. In this matter of education, the law has only
two alternatives: It can permit this transaction of teaching - and -
learning to operate freely and without the use of force, or it can force
human wills in this matter by taking from some of them enough to pay
the teachers who are appointed by government to instruct others, without
charge. But in this second case, the law commits legal plunder by violating
liberty and property.
The
Law and Morals
You say: "Here are persons who are lacking in morality or religion,"
and you turn to the law. But law is force. And need I point out what
a violent and futile effort it is to use force in the matters of morality
and religion?
It would seem that socialists, however self-complacent, could not avoid
seeing this monstrous legal plunder that results from such systems and
such efforts. But what do the socialists do? They cleverly disguise
this legal plunder from others -- and even from themselves -- under
the seductive names of fraternity, unity, organization, and association.
Because we ask so little from the law -- only justice -- the socialists
thereby assume that we reject fraternity, unity, organization, and association.
The socialists brand us with the name individualist.
But we
assure the socialists that we repudiate only forced organization, not
natural organization. We repudiate the forms of association that are
forced upon us, not free association. We repudiate forced fraternity,
not true fraternity. We repudiate the artificial unity that does nothing
more than deprive persons of individual responsibility. We do not repudiate
the natural unity of mankind under Providence.
A Confusion
of Terms
Socialism, like the ancient ideas from which it springs, confuses the
distinction between government and society. As a result of this, every
time we object to a thing being done by government, the socialists conclude
that we object to its being done at all.
We disapprove
of state education. Then the socialists say that we are opposed to any
education. We object to a state religion. Then the socialists say that
we want no religion at all. We object to a state-enforced equality.
Then they say that we are against equality. And so on, and so on. It
is as if the socialists were to accuse us of not wanting persons to
eat because we do not want the state to raise grain.
The
Influence of Socialist Writers
How did politicians ever come to believe this weird idea that the law
could be made to produce what it does not contain -- the wealth, science,
and religion that, in a positive sense, constitute prosperity? Is it
due to the influence of our modern writers on public affairs?
Present-day
writers -- especially those of the socialist school of thought -- base
their various theories upon one common hypothesis: They divide mankind
into two parts. People in general -- with the exception of the writer
himself -- from the first group. The writer, all alone, forms the second
and most important group. Surely this is the weirdest and most conceited
notion that ever entered a human brain!
In fact,
these writers on public affairs begin by supposing that people have
within themselves no means of discernment; no motivation to action.
The writers assume that people are inert matter, passive particles,
motionless atoms, at best a kind of vegetation indifferent to its own
manner of existence. They assume that people are susceptible to being
shaped -- by the will and hand of another person -- into an infinite
variety of forms, more or less symmetrical, artistic, and perfected.
Moreover,
not one of these writers on governmental affairs hesitates to imagine
that he himself -- under the title of organizer, discoverer, legislator,
or founder -- is this will and hand, this universal motivating force,
this creative power whose sublime mission is to mold these scattered
materials -- persons -- into a society.
These socialist
writers look upon people in the same manner that the gardener views
his trees. Just as the gardener capriciously shapes the trees into pyramids,
parasols, cubes, vases, fans, and other forms, just so does the socialist
writer whimsically shape human beings into groups, series, centers,
sub-centers, honeycombs, labor corps, and other variations. And just
as the gardener needs axes, pruning hooks, saws, and shears to shape
his trees, just so does the socialist writer need the force that he
can find only in law to shape human beings. For this purpose, he devises
tariff laws, tax laws, relief laws, and school laws.
The
Socialists Wish to Play God
Socialists look upon people as raw material to be formed into social
combinations. This is so true that, if by chance, the socialists have
any doubts about the success of these combinations, they will demand
that a small portion of mankind be set aside to experiment upon. The
popular idea of trying all systems is well known. And one socialist
leader has been known seriously to demand that the Constituent Assembly
give him a small district with all its inhabitants, to try his experiments
upon.
In the
same manner, an inventor makes a model before he constructs the full-sized
machine; the chemist wastes some chemicals -- the farmer wastes some
seeds and land -- to try out an idea.
But what
a difference there is between the gardener and his trees, between the
inventor and his machine, between the chemist and his elements, between
the farmer and his seeds! And in all sincerity, the socialist thinks
that there is the same difference between him and mankind!
It is no
wonder that the writers of the nineteenth century look upon society
as an artificial creation of the legislator's genius. This idea -- the
fruit of classical education -- has taken possession of all the intellectuals
and famous writers of our country. To these intellectuals and writers,
the relationship between persons and the legislator appears to be the
same as the relationship between the clay and the potter.
Moreover,
even where they have consented to recognize a principle of action in
the heart of man -- and a principle of discernment in man's intellect
-- they have considered these gifts from God to be fatal gifts. They
have thought that persons, under the impulse of these two gifts, would
fatally tend to ruin themselves. They assume that if the legislators
left persons free to follow their own inclinations, they would arrive
at atheism instead of religion, ignorance instead of knowledge, poverty
instead of production and exchange.
The
Socialists Despise Mankind
According to these writers, it is indeed fortunate that Heaven has bestowed
upon certain men -- governors and legislators -- the exact opposite
inclinations, not only for their own sake but also for the sake of the
rest of the world! While mankind tends toward evil, the legislators
yearn for good; while mankind advances toward darkness, the legislators
aspire for enlightenment; while mankind is drawn toward vice, the legislators
are attracted toward virtue. Since they have decided that this is the
true state of affairs, they then demand the use of force in order to
substitute their own inclinations for those of the human race.
Open at
random any book on philosophy, politics, or history, and you will probably
see how deeply rooted in our country is this idea -- the child of classical
studies, the mother of socialism. In all of them, you will probably
find this idea that mankind is merely inert matter, receiving life,
organization, morality, and prosperity from the power of the state.
And even worse, it will be stated that mankind tends toward degeneration,
and is stopped from this downward course only by the mysterious hand
of the legislator. Conventional classical thought everywhere says that
behind passive society there is a concealed power called law or legislator
(or called by some other terminology that designates some unnamed person
or persons of undisputed influence and authority) which moves, controls,
benefits, and improves mankind.
A Defense
of Compulsory Labor
Let us first consider a quotation from Bossuet [tutor to the Dauphin
in the Court of Louis XIV]:*
"One
of the things most strongly impressed (by whom?) upon the minds of the
Egyptians was patriotism.... No one was permitted to be useless to the
state. The law assigned to each one his work, which was handed down
from father to son. No one was permitted to have two professions. Nor
could a person change from one job to another.... But there was one
task to which all were forced to conform: the study of the laws and
of wisdom. Ignorance of religion and of the political regulations of
the country was not excused under any circumstances. Moreover, each
occupation was assigned (by whom?) to a certain district.... Among the
good laws, one of the best was that everyone was trained (by whom?)
to obey them. As a result of this, Egypt was filled with wonderful inventions,
and nothing was neglected that could make life easy and quiet"
*Translator's
note: The parenthetical expressions and the italicized words throughout
this book were supplied by Mr. Bastiat. All subheads and bracketed material
were supplied by the translator.
Thus, according
to Bossuet, persons derive nothing from themselves. Patriotism, prosperity,
inventions, husbandry, science -- all of these are given to the people
by the operation of the laws, the rulers. All that the people have to
do is to bow to leadership.
A Defense
of Paternal Government
Bossuet carries this idea of the state as the source of all progress
even so far as to defend the Egyptians against the charge that they
rejected wrestling and music. He said:
"How
is that possible? These arts were invented by
Trismegistus [who was alleged to have been Chancellor to the Egyptian
god Osiris]".
And again among the Persians, Bossuet claims that all comes from above:
"One
of the first responsibilities of the prince was to encourage agriculture....
Just as there were offices established for the regulation of armies,
just so were there offices for the direction of farm work.... The Persian
people were inspired with an overwhelming respect for royal authority."
And according
to Bossuet, the Greek people, although exceedingly intelligent, had
no sense of personal responsibility; like dogs and horses, they themselves
could not have invented the most simple games:
"The
Greeks, naturally intelligent and courageous, had been early cultivated
by the kings and settlers who had come from Egypt. From these Egyptian
rulers, the Greek people had learned bodily exercises, foot races, and
horse and chariot races.... But the best thing that the Egyptians had
taught the Greeks was to become docile, and to permit themselves to
be formed by the law for the public good."
The
Idea of Passive Mankind
It cannot be disputed that these classical theories [advanced by these
latter-day teachers, writers, legislators, economists, and philosophers]
held that everything came to the people from a source outside themselves.
As another example, take Fenelon [archbishop, author, and instructor
to the Duke of Burgundy].
He was
a witness to the power of Louis XIV. This, plus the fact that he was
nurtured in the classical studies and the admiration of antiquity, naturally
caused Fenelon to accept the idea that mankind should be passive; that
the misfortunes and the prosperity -- vices and virtues -- of people
are caused by the external influence exercised upon them by the law
and the legislators. Thus, in his Utopia of Salentum, he puts men --
with all their interests, faculties, desires, and possessions -- under
the absolute discretion of the legislator. Whatever the issue may be,
persons do not decide it for themselves; the prince decides for them.
The prince is depicted as the soul of this shapeless mass of people
who form the nation. In the prince resides the thought, the foresight,
all progress, and the principle of all organization. Thus all responsibility
rests with him.
The whole
of the tenth book of Fenelon's Telemachus proves this. I refer the reader
to it, and content myself with quoting at random from this celebrated
work to which, in every other respect, I am the first to pay homage.
Socialists
Ignore Reason and Facts
With the amazing credulity which is typical of the classicists, Fenelon
ignores the authority of reason and facts when he attributes the general
happiness of the Egyptians, not to their own wisdom but to the wisdom
of their kings:
"We
could not turn our eyes to either shore without seeing rich towns and
country estates most agreeably located; fields, never fallowed, covered
with golden crops every year; meadows full of flocks; workers bending
under the weight of the fruit which the earth lavished upon its cultivators;
shepherds who made the echoes resound with the soft notes from their
pipes and flutes. "Happy," said Mentor, "is the people
governed by a wise king.". . ."
Later,
Mentor desired that I observe the contentment and abundance which covered
all Egypt, where twenty-two thousand cities could be counted. He admired
the good police regulations in the cities; the justice rendered in favor
of the poor against the rich; the sound education of the children in
obedience, labor, sobriety, and the love of the arts and letters; the
exactness with which all religious ceremonies were performed; the unselfishness,
the high regard for honor, the faithfulness to men, and the fear of
the gods which every father taught his children. He never stopped admiring
the prosperity of the country. "Happy," said he, "is
the people ruled by a wise king in such a manner."
Socialists
Want to Regiment People
Fenelon's idyll on Crete is even more alluring. Mentor is made to say:
"All
that you see in this wonderful island results from the laws of Minos.
The education which he ordained for the children makes their bodies
strong and robust. From the very beginning, one accustoms the children
to a life of frugality and labor, because one assumes that all pleasures
of the senses weaken both body and mind. Thus one allows them no pleasure
except that of becoming invincible by virtue, and of acquiring glory....
Here one punishes three vices that go unpunished among other people:
ingratitude, hypocrisy, and greed. There is no need to punish persons
for pomp and dissipation, for they are unknown in Crete.... No costly
furniture, no magnificent clothing, no delicious feasts, no gilded palaces
are permitted."
Thus does
Mentor prepare his student to mold and to manipulate -- doubtless with
the best of intentions -- the people of Ithaca. And to convince the
student of the wisdom of these ideas, Mentor recites to him the example
of Salentum.
It is from
this sort of philosophy that we receive our first political ideas! We
are taught to treat persons much as an instructor in agriculture teaches
farmers to prepare and tend the soil.
A Famous
Name and an Evil Idea
Now listen to the great Montesquieu on this same subject:
"To
maintain the spirit of commerce, it is necessary that all the laws must
favor it. These laws, by proportionately dividing up the fortunes as
they are made in commerce, should provide every poor citizen with sufficiently
easy circumstances to enable him to work like the others. These same
laws should put every rich citizen in such lowered circumstances as
to force him to work in order to keep or to gain."
Thus the
laws are to dispose of all fortunes!
Although
real equality is the soul of the state in a democracy, yet this is so
difficult to establish that an extreme precision in this matter would
not always be desirable. It is sufficient that there be established
a census to reduce or fix these differences in wealth within a certain
limit. After this is done, it remains for specific laws to equalize
inequality by imposing burdens upon the rich and granting relief to
the poor.
Here again
we find the idea of equalizing fortunes by law, by force.
In Greece,
there were two kinds of republics, One, Sparta, was military; the other,
Athens, was commercial. In the former, it was desired that the citizens
be idle; in the latter, love of labor was encouraged.
Note the
marvelous genius of these legislators: By debasing all established customs
-- by mixing the usual concepts of all virtues -- they knew in advance
that the world would admire their wisdom.
Lycurgus
gave stability to his city of Sparta by combining petty thievery with
the soul of justice; by combining the most complete bondage with the
most extreme liberty; by combining the most atrocious beliefs with the
greatest moderation. He appeared to deprive his city of all its resources,
arts, commerce, money, and defenses. In Sparta, ambition went without
the hope of material reward. Natural affection found no outlet because
a man was neither son, husband, nor father. Even chastity was no longer
considered becoming. By this road, Lycurgus led Sparta on to greatness
and glory.
This boldness
which was to be found in the institutions of Greece has been repeated
in the midst of the degeneracy and corruption of our modern times. An
occasional honest legislator has molded a people in whom integrity appears
as natural as courage in the Spartans.
Mr. William
Penn, for example, is a true Lycurgus. Even though Mr. Penn had peace
as his objective -- while Lycurgus had war as his objective -- they
resemble each other in that their moral prestige over free men allowed
them to overcome prejudices, to subdue passions, and to lead their respective
peoples into new paths.
The country
of Paraguay furnishes us with another example [of a people who, for
their own good, are molded by their legislators].*
*Translator's
note: What was then known as Paraguay was a much larger area than it
is today. It was colonized by the Jesuits who settled the Indians into
villages, and generally saved them from further brutalities by the avid
conquerors.
Now it
is true that if one considers the sheer pleasure of commanding to be
the greatest joy in life, he contemplates a crime against society; it
will, however, always be a noble ideal to govern men in a manner that
will make them happier.
Those who
desire to establish similar institutions must do as follows: Establish
common ownership of property as in the republic of Plato; revere the
gods as Plato commanded; prevent foreigners from mingling with the people,
in order to preserve the customs; let the state, instead of the citizens,
establish commerce. The legislators should supply arts instead of luxuries;
they should satisfy needs instead of desires.
A Frightful
Idea
Those who are subject to vulgar infatuation may exclaim: "Montesquieu
has said this! So it's magnificent! It's sublime!" As for me, I
have the courage of my own opinion. I say: What! You have the nerve
to call that fine? It is frightful! It is abominable! These random selections
from the writings of Montesquieu show that he considers persons, liberties,
property -- mankind itself -- to be nothing but materials for legislators
to exercise their wisdom upon.
The
Leader of the Democrats
Now let us examine Rousseau on this subject. This writer on public affairs
is the supreme authority of the democrats. And although he bases the
social structure upon the will of the people, he has, to a greater extent
than anyone else, completely accepted the theory of the total inertness
of mankind in the presence of the legislators:
"If
it is true that a great prince is rare, then is it not true that a great
legislator is even more rare? The prince has only to follow the pattern
that the legislator creates. The legislator is the mechanic who invents
the machine; the prince is merely the workman who sets it in motion.
And what
part do persons play in all this? They are merely the machine that is
set in motion. In fact, are they not merely considered to be the raw
material of which the machine is made?"
Thus the
same relationship exists between the legislator and the prince as exists
between the agricultural expert and the farmer; and the relationship
between the prince and his subjects is the same as that between the
farmer and his land. How high above mankind, then, has this writer on
public affairs been placed? Rousseau rules over legislators themselves,
and teaches them their trade in these imperious terms:
"Would
you give stability to the state? Then bring the extremes as closely
together as possible. Tolerate neither wealthy persons nor beggars.
If the
soil is poor or barren, or the country too small for its inhabitants,
then turn to industry and arts, and trade these products for the foods
that you need.... On a fertile soil -- if you are short of inhabitants
-- devote all your attention to agriculture, because this multiplies
people; banish the arts, because they only serve to depopulate the nation....
If you
have extensive and accessible coast lines, then cover the sea with merchant
ships; you will have a brilliant but short existence. If your seas wash
only inaccessible cliffs, let the people be barbarous and eat fish;
they will live more quietly -- perhaps better -- and, most certainly,
they will live more happily.
In short,
and in addition to the maxims that are common to all, every people has
its own particular circumstances. And this fact in itself will cause
legislation appropriate to the circumstances."
This is
the reason why the Hebrews formerly -- and, more recently, the Arabs
-- had religion as their principle objective. The objective of the Athenians
was literature; of Carthage and Tyre, commerce; of Rhodes, naval affairs;
of Sparta, war; and of Rome, virtue. The author of The Spirit of Laws
has shown by what art the legislator should direct his institutions
toward each of these objectives.... But suppose that the legislator
mistakes his proper objective, and acts on a principle different from
that indicated by the nature of things? Suppose that the selected principle
sometimes creates slavery, and sometimes liberty; sometimes wealth,
and sometimes population; sometimes peace, and sometimes conquest? This
confusion of objective will slowly enfeeble the law and impair the constitution.
The state will be subjected to ceaseless agitations until it is destroyed
or changed, and invincible nature regains her empire.
But if
nature is sufficiently invincible to regain its empire, why does not
Rousseau admit that it did not need the legislator to gain it in the
first place? Why does he not see that men, by obeying their own instincts,
would turn to farming on fertile soil, and to commerce on an extensive
and easily accessible coast, without the interference of a Lycurgus
or a Solon or a Rousseau who might easily be mistaken.
Socialists
Want Forced Conformity
Be that as it may, Rousseau invests the creators, organizers, directors,
legislators, and controllers of society with a terrible responsibility.
He is, therefore, most exacting with them:
"He
who would dare to undertake the political creation of a people ought
to believe that he can, in a manner of speaking, transform human nature;
transform each individual -- who, by himself, is a solitary and perfect
whole -- into a mere part of a greater whole from which the individual
will henceforth receive his life and being. Thus the person who would
undertake the political creation of a people should believe in his ability
to alter man's constitution; to strengthen it; to substitute for the
physical and independent existence received from nature, an existence
which is partial and moral.* In short, the would- be creator of political
man must remove man's own forces and endow him with others that are
naturally alien to him."
Poor human
nature! What would become of a person's dignity if it were entrusted
to the followers of Rousseau?
*Translator's
note: According to Rousseau, the existence of social man is partial
in the sense that he is henceforth merely a part of society. Knowing
himself as such -- and thinking and feeling from the point of view of
the whole - he thereby becomes moral.
Legislators
Desire to Mold Mankind
Now let us examine Raynal on this subject of mankind being molded by
the legislator:
"The
legislator must first consider the climate, the air, and the soil. The
resources at his disposal determine his duties. He must first consider
his locality. A population living on maritime shores must have laws
designed for navigation.... If it is an inland settlement, the legislator
must make his plans according to the nature and fertility of the soil....
It is especially
in the distribution of property that the genius of the legislator will
be found. As a general rule, when a new colony is established in any
country, sufficient land should be given to each man to support his
family....
On an uncultivated
island that you are populating with children, you need do nothing but
let the seeds of truth germinate along with the development of reason....
But when you resettle a nation with a past into a new country, the skill
of the legislator rests in the policy of permitting the people to retain
no injurious opinions and customs which can possibly be cured and corrected.
If you desire to prevent these opinions and customs from becoming permanent,
you will secure the second generation by a general system of public
education for the children. A prince or a legislator should never establish
a colony without first arranging to send wise men along to instruct
the youth...."
In a new
colony, ample opportunity is open to the careful legislator who desires
to purify the customs and manners of the people. If he has virtue and
genius, the land and the people at his disposal will inspire his soul
with a plan for society. A writer can only vaguely trace the plan in
advance because it is necessarily subject to the instability of all
hypotheses; the problem has many forms, complications, and circumstances
that are difficult to foresee and settle in detail.
Legislators
Told How to Manage Men
Raynal's instructions to the legislators on how to manage people may
be compared to a professor of agriculture lecturing his students: "The
climate is the first rule for the farmer. His resources determine his
procedure. He must first consider his locality. If his soil is clay,
he must do so and so. If his soil is sand, he must act in another manner.
Every facility is open to the farmer who wishes to clear and improve
his soil. If he is skillful enough, the manure at his disposal will
suggest to him a plan of operation. A professor can only vaguely trace
this plan in advance because it is necessarily subject to the instability
of all hypotheses; the problem has many forms, complications, and circumstances
that are difficult to foresee and settle in detail."
Oh, sublime
writers! Please remember sometimes that this clay, this sand, and this
manure which you so arbitrarily dispose of, are men! They are your equals!
They are intelligent and free human beings like yourselves! As you have,
they too have received from God the faculty to observe, to plan ahead,
to think, and to judge for themselves!
A Temporary
Dictatorship
Here is Mably on this subject of the law and the legislator. In the
passages preceding the one here quoted, Mably has supposed the laws,
due to a neglect of security, to be worn out. He continues to address
the reader thusly:
"Under
these circumstances, it is obvious that the springs of government are
slack. Give them a new tension, and the evil will be cured.... Think
less of punishing faults, and more of rewarding that which you need.
In this manner you will restore to your republic the vigor of youth.
Because free people have been ignorant of this procedure, they have
lost their liberty! But if the evil has made such headway that ordinary
governmental procedures are unable to cure it, then resort to an extraordinary
tribunal with considerable powers for a short time. The imagination
of the citizens needs to be struck a hard blow."
In this
manner, Mably continues through twenty volumes.
Under the
influence of teaching like this -- which stems from classical education
-- there came a time when everyone wished to place himself above mankind
in order to arrange, organize, and regulate it in his own way.
Socialists
Want Equality of Wealth
Next let us examine Condillac on this subject of the legislators and
mankind:
"My
Lord, assume the character of Lycurgus or of Solon. And before you finish
reading this essay, amuse yourself by giving laws to some savages in
America or Africa. Confine these nomads to fixed dwellings; teach them
to tend flocks.... Attempt to develop the social consciousness that
nature has planted in them.... Force them to begin to practice the duties
of humanity.... Use punishment to cause sensual pleasures to become
distasteful to them. Then you will see that every point of your legislation
will cause these savages to lose a vice and gain a virtue.
All people
have had laws. But few people have been happy. Why is this so? Because
the legislators themselves have almost always been ignorant of the purpose
of society, which is the uniting of families by a common interest.
Impartiality
in law consists of two things: the establishing of equality in wealth
and equality in dignity among the citizens.... As the laws establish
greater equality, they become proportionately more precious to every
citizen.... When all men are equal in wealth and dignity -- and when
the laws leave no hope of disturbing this equality -- how can men then
be agitated by greed, ambition, dissipation, idleness, sloth, envy,
hatred, or jealousy?
What you
have learned about the republic of Sparta should enlighten you on this
question. No other state has ever had laws more in accord with the order
of nature; of equality."
The
Error of the Socialist Writers
Actually, it is not strange that during the seventeenth and eighteenth
centuries the human race was regarded as inert matter, ready to receive
everything -- form, face, energy, movement, life -- from a great prince
or a great legislator or a great genius. These centuries were nourished
on the study of antiquity. And antiquity presents everywhere -- in Egypt,
Persia, Greece, Rome -- the spectacle of a few men molding mankind according
to their whims, thanks to the prestige of force and of fraud. But this
does not prove that this situation is desirable. It proves only that
since men and society are capable of improvement, it is naturally to
be expected that error, ignorance, despotism, slavery, and superstition
should be greatest towards the origins of history. The writers quoted
above were not in error when they found ancient institutions to be such,
but they were in error when they offered them for the admiration and
imitation of future generations. Uncritical and childish conformists,
they took for granted the grandeur, dignity, morality, and happiness
of the artificial societies of the ancient world. They did not understand
that knowledge appears and grows with the passage of time; and that
in proportion to this growth of knowledge, might takes the side of right,
and society regains possession of itself.
What
Is Liberty?
Actually, what is the political struggle that we witness? It is the
instinctive struggle of all people toward liberty. And what is this
liberty, whose very name makes the heart beat faster and shakes the
world? Is it not the union of all liberties -- liberty of conscience,
of education, of association, of the press, of travel, of labor, of
trade? In short, is not liberty the freedom of every person to make
full use of his faculties, so long as he does not harm other persons
while doing so? Is not liberty the destruction of all despotism -- including,
of course, legal despotism? Finally, is not liberty the restricting
of the law only to its rational sphere of organizing the right of the
individual to lawful self- defense; of punishing injustice?
It must
be admitted that the tendency of the human race toward liberty is largely
thwarted, especially in France. This is greatly due to a fatal desire
-- learned from the teachings of antiquity -- that our writers on public
affairs have in common: They desire to set themselves above mankind
in order to arrange, organize, and regulate it according to their fancy.
Philanthropic
Tyranny
While society is struggling toward liberty, these famous men who put
themselves at its head are filled with the spirit of the seventeenth
and eighteenth centuries. They think only of subjecting mankind to the
philanthropic tyranny of their own social inventions. Like Rousseau,
they desire to force mankind docilely to bear this yoke of the public
welfare that they have dreamed up in their own imaginations.
This was
especially true in 1789. No sooner was the old regime destroyed than
society was subjected to still other artificial arrangements, always
starting from the same point: the omnipotence of the law.
Listen
to the ideas of a few of the writers and politicians during that period:
SAINT-JUST:
"The legislator commands the future. It is for him to will the
good of mankind. It is for him to make men what he wills them to be."
ROBESPIERRE:
"The function of government is to direct the physical and moral
powers of the nation toward the end for which the commonwealth has come
into being."
BILLAUD-VARENNES:
"A people who are to be returned to liberty must be formed anew.
A strong force and vigorous action are necessary to destroy old prejudices,
to change old customs, to correct depraved affections, to restrict superfluous
wants, and to destroy ingrained vices.... Citizens, the inexible austerity
of Lycurgus created the firm foundation of the Spartan republic. The
weak and trusting character of Solon plunged Athens into slavery. This
parallel embraces the whole science of government."
LE PELLETIER:
"Considering the extent of human degradation, I am convinced that
it is necessary to effect a total regeneration and, if I may so express
myself, of creating a new people."
The
Socialists Want Dictatorship
Again, it is claimed that persons are nothing but raw material. It is
not for them to will their own improvement; they are incapable of it.
According to Saint- Just, only the legislator is capable of doing this.
Persons are merely to be what the legislator wills them to be. According
to Robespierre, who copies Rousseau literally, the legislator begins
by decreeing the end for which the commonwealth has come into being.
Once this is determined, the government has only to direct the physical
and moral forces of the nation toward that end. Meanwhile, the inhabitants
of the nation are to remain completely passive. And according to the
teachings of Billaud- Varennes, the people should have no prejudices,
no affections, and no desires except those authorized by the legislator.
He even goes so far as to say that the inflexible austerity of one man
is the foundation of a republic.
In cases
where the alleged evil is so great that ordinary governmental procedures
cannot cure it, Mably recommends a dictatorship to promote virtue: "Resort,"
he says, "to an extraordinary tribunal with considerable powers
for a short time. The imagination of the citizens needs to be struck
a hard blow." This doctrine has not been forgotten. Listen to Robespierre:
"The
principle of the republican government is virtue, and the means required
to establish virtue is terror. In our country we desire to substitute
morality for selfishness, honesty for honor, principles for customs,
duties for manners, the empire of reason for the tyranny of fashion,
contempt of vice for contempt of poverty, pride for insolence, greatness
of soul for vanity, love of glory for love of money, good people for
good companions, merit for intrigue, genius for wit, truth for glitter,
the charm of happiness for the boredom of pleasure, the greatness of
man for the littleness of the great, a generous, strong, happy people
for a good-natured, frivolous, degraded people; in short, we desire
to substitute all the virtues and miracles of a republic for all the
vices and absurdities of a monarchy."
Dictatorial
Arrogance
At what a tremendous height above the rest of mankind does Robespierre
here place himself! And note the arrogance with which he speaks. He
is not content to pray for a great reawakening of the human spirit.
Nor does he expect such a result from a well-ordered government. No,
he himself will remake mankind, and by means of terror.
This mass
of rotten and contradictory statements is extracted from a discourse
by Robespierre in which he aims to explain the principles of morality
which ought to guide a revolutionary government. Note that Robespierre's
request for dictatorship is not made merely for the purpose of repelling
a foreign invasion or putting down the opposing groups. Rather he wants
a dictatorship in order that he may use terror to force upon the country
his own principles of morality. He says that this act is only to be
a temporary measure preceding a new constitution. But in reality, he
desires nothing short of using terror to extinguish from France selfishness,
honor, customs, manners, fashion, vanity, love of money, good companionship,
intrigue, wit, sensuousness, and poverty. Not until he, Robespierre,
shall have accomplished these miracles, as he so rightly calls them,
will he permit the law to reign again.*
*At this
point in the original French text, Mr. Bastiat pauses and speaks thusly
to all do-gooders and would-be rulers of mankind: "Ah, you miserable
creatures! You who think that you are so great! You who judge humanity
to be so small! You who wish to reform everything! Why don't you reform
yourselves? That task would be sufficient enough."
The
Indirect Approach to Despotism
Usually, however, these gentlemen -- the reformers, the legislators,
and the writers on public affairs -- do not desire to impose direct
despotism upon mankind. Oh no, they are too moderate and philanthropic
for such direct action. Instead, they turn to the law for this despotism,
this absolutism, this omnipotence. They desire only to make the laws.
To show
the prevalence of this queer idea in France, I would need to copy not
only the entire works of Mably, Raynal, Rousseau, and Fenelon -- plus
long extracts from Bossuet and Montesquieu -- but also the entire proceedings
of the Convention. I shall do no such thing; I merely refer the reader
to them.
Napoleon
Wanted Passive Mankind
It is, of course, not at all surprising that this same idea should have
greatly appealed to Napoleon. He embraced it ardently and used it with
vigor. Like a chemist, Napoleon considered all Europe to be material
for his experiments. But, in due course, this material reacted against
him.
At St.
Helena, Napoleon -- greatly disillusioned -- seemed to recognize some
initiative in mankind. Recognizing this, he became less hostile to liberty.
Nevertheless, this did not prevent him from leaving this lesson to his
son in his will: "To govern is to increase and spread morality,
education, and happiness."
After all
this, it is hardly necessary to quote the same opinions from Morelly,
Babeuf, Owen, Saint-Simon, and Fourier. Here are, however, a few extracts
from Louis Blanc's book on the organization of labor: "In our plan,
society receives its momentum from power."
Now consider
this: The impulse behind this momentum is to be supplied by the plan
of Louis Blanc; his plan is to be forced upon society; the society referred
to is the human race. Thus the human race is to receive its momentum
from Louis Blanc.
Now it
will be said that the people are free to accept or to reject this plan.
Admittedly, people are free to accept or to reject advice from whomever
they wish. But this is not the way in which Mr. Louis Blanc understands
the matter. He expects that his plan will be legalized, and thus forcibly
imposed upon the people by the power of the law:
"In
our plan, the state has only to pass labor laws (nothing else?) by means
of which industrial progress can and must proceed in complete liberty.
The state merely places society on an incline (that is all?). Then society
will slide down this incline by the mere force of things, and by the
natural workings of the established mechanism."
But what
is this incline that is indicated by Mr. Louis Blanc? Does it not lead
to an abyss? (No, it leads to happiness.) If this is true, then why
does not society go there of its own choice? (Because society does not
know what it wants; it must be propelled.) What is to propel it? (Power.)
And who is to supply the impulse for this power? (Why, the inventor
of the machine -- in this instance, Mr. Louis Blanc.)
The
Vicious Circle of Socialism
We shall never escape from this circle: the idea of passive mankind,
and the power of the law being used by a great man to propel the people.
Once on
this incline, will society enjoy some liberty? (Certainly.) And what
is liberty, Mr. Louis Blanc?
Once and
for all, liberty is not only a mere granted right; it is also the power
granted to a person to use and to develop his faculties under a reign
of justice and under the protection of the law.
And this
is no pointless distinction; its meaning is deep and its consequences
are difficult to estimate. For once it is agreed that a person, to be
truly free, must have the power to use and develop his faculties, then
it follows that every person has a claim on society for such education
as will permit him to develop himself. It also follows that every person
has a claim on society for tools of production, without which human
activity cannot be fully effective. Now by what action can society give
to every person the necessary education and the necessary tools of production,
if not by the action of the state?
Thus, again,
liberty is power. Of what does this power consist? (Of being educated
and of being given the tools of production.) Who is to give the education
and the tools of production? (Society, which owes them to everyone.)
By what action is society to give tools of production to those who do
not own them? (Why, by the action of the state.) And from whom will
the state take them?
Let the
reader answer that question. Let him also notice the direction in which
this is taking us.
The
Doctrine of the Democrats
The strange phenomenon of our times -- one which will probably astound
our descendants -- is the doctrine based on this triple hypothesis:
the total inertness of mankind, the omnipotence of the law, and the
infallibility of the legislator. These three ideas form the sacred symbol
of those who proclaim themselves totally democratic.
The advocates
of this doctrine also profess to be social. So far as they are democratic,
they place unlimited faith in mankind. But so far as they are social,
they regard mankind as little better than mud. Let us examine this contrast
in greater detail.
What is
the attitude of the democrat when political rights are under discussion?
How does he regard the people when a legislator is to be chosen? Ah,
then it is claimed that the people have an instinctive wisdom; they
are gifted with the finest perception; their will is always right; the
general will cannot err; voting cannot be too universal.
When it
is time to vote, apparently the voter is not to be asked for any guarantee
of his wisdom. His will and capacity to choose wisely are taken for
granted. Can the people be mistaken? Are we not living in an age of
enlightenment? What! are the people always to be kept on leashes? Have
they not won their rights by great effort and sacrifice? Have they not
given ample proof of their intelligence and wisdom? Are they not adults?
Are they not capable of judging for themselves? Do they not know what
is best for themselves? Is there a class or a man who would be so bold
as to set himself above the people, and judge and act for them? No,
no, the people are and should be free. They desire to manage their own
affairs, and they shall do so.
But when
the legislator is finally elected -- ah! then indeed does the tone of
his speech undergo a radical change. The people are returned to passiveness,
inertness, and unconsciousness; the legislator enters into omnipotence.
Now it is for him to initiate, to direct, to propel, and to organize.
Mankind has only to submit; the hour of despotism has struck. We now
observe this fatal idea: The people who, during the election, were so
wise, so moral, and so perfect, now have no tendencies whatever; or
if they have any, they are tendencies that lead downward into degradation.
The
Socialist Concept of Liberty
But ought not the people be given a little liberty?
But Mr.
Considerant has assured us that liberty leads inevitably to monopoly!
We understand
that liberty means competition. But according to Mr. Louis Blanc, competition
is a system that ruins the businessmen and exterminates the people.
It is for this reason that free people are ruined and exterminated in
proportion to their degree of freedom. (Possibly Mr. Louis Blanc should
observe the results of competition in, for example, Switzerland, Holland,
England, and the United States.)
Mr. Louis
Blanc also tells us that competition leads to monopoly. And by the same
reasoning, he thus informs us that low prices lead to high prices; that
competition drives production to destructive activity; that competition
drains away the sources of purchasing power; that competition forces
an increase in production while, at the same time, it forces a decrease
in consumption. From this, it follows that free people produce for the
sake of not consuming; that liberty means oppression and madness among
the people; and that Mr. Louis Blanc absolutely must attend to it.
Socialists
Fear All Liberties
Well, what liberty should the legislators permit people to have? Liberty
of conscience? (But if this were permitted, we would see the people
taking this opportunity to become atheists.)
Then liberty
of education? (But parents would pay professors to teach their children
immorality and falsehoods; besides, according to Mr. Thiers, if education
were left to national liberty, it would cease to be national, and we
would be teaching our children the ideas of the Turks or Hindus; whereas,
thanks to this legal despotism over education, our children now have
the good fortune to be taught the noble ideas of the Romans.)
Then liberty
of labor? (But that would mean competition which, in turn, leaves production
unconsumed, ruins businessmen, and exterminates the people.)
Perhaps
liberty of trade? (But everyone knows -- and the advocates of protective
tariffs have proved over and over again -- that freedom of trade ruins
every person who engages in it, and that it is necessary to suppress
freedom of trade in order to prosper.)
Possibly
then, liberty of association? (But, according to socialist doctrine,
true liberty and voluntary association are in contradiction to each
other, and the purpose of the socialists is to suppress liberty of association
precisely in order to force people to associate together in true liberty.)
Clearly
then, the conscience of the social democrats cannot permit persons to
have any liberty because they believe that the nature of mankind tends
always toward every kind of degradation and disaster. Thus, of course,
the legislators must make plans for the people in order to save them
from themselves.
This line
of reasoning brings us to a challenging question: If people are as incapable,
as immoral, and as ignorant as the politicians indicate, then why is
the right of these same people to vote defended with such passionate
insistence?
The
Superman Idea
The claims of these organizers of humanity raise another question which
I have often asked them and which, so far as I know, they have never
answered: If the natural tendencies of mankind are so bad that it is
not safe to permit people to be free, how is it that the tendencies
of these organizers are always good? Do not the legislators and their
appointed agents also belong to the human race? Or do they believe that
they themselves are made of a finer clay than the rest of mankind? The
organizers maintain that society, when left undirected, rushes headlong
to its inevitable destruction because the instincts of the people are
so perverse. The legislators claim to stop this suicidal course and
to give it a saner direction. Apparently, then, the legislators and
the organizers have received from Heaven an intelligence and virtue
that place them beyond and above mankind; if so, let them show their
titles to this superiority.
They would
be the shepherds over us, their sheep. Certainly such an arrangement
presupposes that they are naturally superior to the rest of us. And
certainly we are fully justified in demanding from the legislators and
organizers proof of this natural superiority.
The
Socialists Reject Free Choice
Please understand that I do not dispute their right to invent social
combinations, to advertise them, to advocate them, and to try them upon
themselves, at their own expense and risk. But I do dispute their right
to impose these plans upon us by law -- by force -- and to compel us
to pay for them with our taxes.
I do not
insist that the supporters of these various social schools of thought--the
Proudhonists, the Cabetists, the Fourierists, the Universitarists, and
the Protectionists -- renounce their various ideas. I insist only that
they renounce this one idea that they have in common: They need only
to give up the idea of forcing us to acquiesce to their groups and series,
their socialized projects, their free- credit banks, their Graeco-Roman
concept of morality, and their commercial regulations. I ask only that
we be permitted to decide upon these plans for ourselves; that we not
be forced to accept them, directly or indirectly, if we find them to
be contrary to our best interests or repugnant to our consciences.
But these
organizers desire access to the tax funds and to the power of the law
in order to carry out their plans. In addition to being oppressive and
unjust, this desire also implies the fatal supposition that the organizer
is infallible and mankind is incompetent. But, again, if persons are
incompetent to judge for themselves, then why all this talk about universal
suffrage?
The
Cause of French Revolutions
This contradiction in ideas is, unfortunately but logically, reflected
in events in France. For example, Frenchmen have led all other Europeans
in obtaining their rights -- or, more accurately, their political demands.
Yet this fact has in no respect prevented us from becoming the most
governed, the most regulated, the most imposed upon, the most harnessed,
and the most exploited people in Europe. France also leads all other
nations as the one where revolutions are constantly to be anticipated.
And under the circumstances, it is quite natural that this should be
the case.
And this
will remain the case so long as our politicians continue to accept this
idea that has been so well expressed by Mr. Louis Blanc: "Society
receives its momentum from power." This will remain the case so
long as human beings with feelings continue to remain passive; so long
as they consider themselves incapable of bettering their prosperity
and happiness by their own intelligence and their own energy; so long
as they expect everything from the law; in short, so long as they imagine
that their relationship to the state is the same as that of the sheep
to the shepherd.
The
Enormous Power of Government
As long as these ideas prevail, it is clear that the responsibility
of government is enormous. Good fortune and bad fortune, wealth and
destitution, equality and inequality, virtue and vice -- all then depend
upon political administration. It is burdened with everything, it undertakes
everything, it does everything; therefore it is responsible for everything.
If we are
fortunate, then government has a claim to our gratitude; but if we are
unfortunate, then government must bear the blame. For are not our persons
and property now at the disposal of government? Is not the law omnipotent?
In creating
a monopoly of education, the government must answer to the hopes of
the fathers of families who have thus been deprived of their liberty;
and if these hopes are shattered, whose fault is it?
In regulating
industry, the government has contracted to make it prosper; otherwise
it is absurd to deprive industry of its liberty. And if industry now
suffers, whose fault is it?
In meddling
with the balance of trade by playing with tariffs, the government thereby
contracts to make trade prosper; and if this results in destruction
instead of prosperity, whose fault is it?
In giving
protection instead of liberty to the industries for defense, the government
has contracted to make them profitable; and if they become a burden
to the taxpayers, whose fault is it?
Thus there
is not a grievance in the nation for which the government does not voluntarily
make itself responsible. Is it surprising, then, that every failure
increases the threat of another revolution in France?
And what
remedy is proposed for this? To extend indefinitely the domain of the
law; that is, the responsibility of government.
But if
the government undertakes to control and to raise wages, and cannot
do it; if the government undertakes to care for all who may be in want,
and cannot do it; if the government undertakes to support all unemployed
workers, and cannot do it; if the government undertakes to lend interest-
free money to all borrowers, and cannot do it; if, in these words that
we regret to say escaped from the pen of Mr. de Lamartine, "The
state considers that its purpose is to enlighten, to develop, to enlarge,
to strengthen, to spiritualize, and to sanctify the soul of the people"
-- and if the government cannot do all of these things, what then? Is
it not certain that after every government failure -- which, alas! is
more than probable -- there will be an equally inevitable revolution?
Politics
and Economics
[Now let us return to a subject that was briefly discussed in the opening
pages of this thesis: the relationship of economics and of politics
-- political economy.*]
*Translator's
note: Mr. Bastiat has devoted three other books and several articles
to the development of the ideas contained in the three sentences of
the following paragraph.
A science
of economics must be developed before a science of politics can be logically
formulated. Essentially, economics is the science of determining whether
the interests of human beings are harmonious or antagonistic. This must
be known before a science of politics can be formulated to determine
the proper functions of government.
Immediately
following the development of a science of economics, and at the very
beginning of the formulation of a science of politics, this all-important
question must be answered: What is law? What ought it to be? What is
its scope; its limits? Logically, at what point do the just powers of
the legislator stop?
I do not
hesitate to answer: Law is the common force organized to act as an obstacle
to injustice. In short, law is justice.
Proper
Legislative Functions
It is not true that the legislator has absolute power over our persons
and property. The existence of persons and property preceded the existence
of the legislator, and his function is only to guarantee their safety.
It is not
true that the function of law is to regulate our consciences, our ideas,
our wills, our education, our opinions, our work, our trade, our talents,
or our pleasures. The function of law is to protect the free exercise
of these rights, and to prevent any person from interfering with the
free exercise of these same rights by any other person.
Since law
necessarily requires the support of force, its lawful domain is only
in the areas where the use of force is necessary. This is justice.
Every individual
has the right to use force for lawful self- defense. It is for this
reason that the collective force -- which is only the organized combination
of the individual forces -- may lawfully be used for the same purpose;
and it cannot be used legitimately for any other purpose.
Law is
solely the organization of the individual right of self-defense which
existed before law was formalized. Law is justice.
Law
and Charity Are Not the Same
The mission of the law is not to oppress persons and plunder them of
their property, even though the law may be acting in a philanthropic
spirit. Its mission is to protect persons and property.
Furthermore,
it must not be said that the law may be philanthropic if, in the process,
it refrains from oppressing persons and plundering them of their property;
this would be a contradiction. The law cannot avoid having an effect
upon persons and property; and if the law acts in any manner except
to protect them, its actions then necessarily violate the liberty of
persons and their right to own property.
The law
is justice -- simple and clear, precise and bounded. Every eye can see
it, and every mind can grasp it; for justice is measurable, immutable,
and unchangeable. Justice is neither more than this nor less than this.
If you
exceed this proper limit -- if you attempt to make the law religious,
fraternal, equalizing, philanthropic, industrial, literary, or artistic
-- you will then be lost in an uncharted territory, in vagueness and
uncertainty, in a forced utopia or, even worse, in a multitude of utopias,
each striving to seize the law and impose it upon you. This is true
because fraternity and philanthropy, unlike justice, do not have precise
limits. Once started, where will you stop? And where will the law stop
itself?
The
High Road to Communism
Mr. de Saint-Cricq would extend his philanthropy only to some of the
industrial groups; he would demand that the law control the consumers
to benefit the producers.
Mr. Considerant
would sponsor the cause of the labor groups; he would use the law to
secure for them a guaranteed minimum of clothing, housing, food, and
all other necessities of life.
Mr. Louis
Blanc would say -- and with reason -- that these minimum guarantees
are merely the beginning of complete fraternity; he would say that the
law should give tools of production and free education to all working
people.
Another
person would observe that this arrangement would still leave room for
inequality; he would claim that the law should give to everyone -- even
in the most inaccessible hamlet--luxury, literature, and art.
All of
these proposals are the high road to communism; legislation will then
be -- in fact, it already is -- the battlefield for the fantasies and
greed of everyone.
The
Basis for Stable Government
Law is justice. In this proposition a simple and enduring government
can be conceived. And I defy anyone to say how even the thought of revolution,
of insurrection, of the slightest uprising could arise against a government
whose organized force was confined only to suppressing injustice.
Under such
a regime, there would be the most prosperity -- and it would be the
most equally distributed. As for the sufferings that are inseparable
from humanity, no one would even think of accusing the government for
them. This is true because, if the force of government were limited
to suppressing injustice, then government would be as innocent of these
sufferings as it is now innocent of changes in the temperature.
As proof
of this statement, consider this question: Have the people ever been
known to rise against the Court of Appeals, or mob a Justice of the
Peace, in order to get higher wages, free credit, tools of production,
favorable tariffs, or government-created jobs? Everyone knows perfectly
well that such matters are not within the jurisdiction of the Court
of Appeals or a Justice of the Peace. And if government were limited
to its proper functions, everyone would soon learn that these matters
are not within the jurisdiction of the law itself.
But make
the laws upon the principle of fraternity -- proclaim that all good,
and all bad, stem from the law; that the law is responsible for all
individual misfortunes and all social inequalities -- then the door
is open to an endless succession of complaints, irritations, troubles,
and revolutions.
Justice
Means Equal Rights
Law is justice. And it would indeed be strange if law could properly
be anything else! Is not justice right? Are not rights equal? By what
right does the law force me to conform to the social plans of Mr. Mimerel,
Mr. de Melun, Mr. Thiers, or Mr. Louis Blanc? If the law has a moral
right to do this, why does it not, then, force these gentlemen to submit
to my plans? Is it logical to suppose that nature has not given me sufficient
imagination to dream up a utopia also? Should the law choose one fantasy
among many, and put the organized force of government at its service
only?
Law is
justice. And let it not be said -- as it continually is said -- that
under this concept, the law would be atheistic, individualistic, and
heartless; that it would make mankind in its own image. This is an absurd
conclusion, worthy only of those worshippers of government who believe
that the law is mankind.
Nonsense!
Do those worshippers of government believe that free persons will cease
to act? Does it follow that if we receive no energy from the law, we
shall receive no energy at all? Does it follow that if the law is restricted
to the function of protecting the free use of our faculties, we will
be unable to use our faculties? Suppose that the law does not force
us to follow certain forms of religion, or systems of association, or
methods of education, or regulations of labor, or regulations of trade,
or plans for charity; does it then follow that we shall eagerly plunge
into atheism, hermitary, ignorance, misery, and greed? If we are free,
does it follow that we shall no longer recognize the power and goodness
of God? Does it follow that we shall then cease to associate with each
other, to help each other, to love and succor our unfortunate brothers,
to study the secrets of nature, and to strive to improve ourselves to
the best of our abilities?
The
Path to Dignity and Progress
Law is justice. And it is under the law of justice -- under the reign
of right; under the influence of liberty, safety, stability, and responsibility
-- that every person will attain his real worth and the true dignity
of his being. It is only under this law of justice that mankind will
achieve -- slowly, no doubt, but certainly -- God's design for the orderly
and peaceful progress of humanity.
It seems
to me that this is theoretically right, for whatever the question under
discussion -- whether religious, philosophical, political, or economic;
whether it concerns prosperity, morality, equality, right, justice,
progress, responsibility, cooperation, property, labor, trade, capital,
wages, taxes, population, finance, or government -- at whatever point
on the scientific horizon I begin my researches, I invariably reach
this one conclusion: The solution to the problems of human relationships
is to be found in liberty.
Proof
of an Idea
And does not experience prove this? Look at the entire world. Which
countries contain the most peaceful, the most moral, and the happiest
people? Those people are found in the countries where the law least
interferes with private affairs; where government is least felt; where
the individual has the greatest scope, and free opinion the greatest
influence; where administrative powers are fewest and simplest; where
taxes are lightest and most nearly equal, and popular discontent the
least excited and the least justifiable; where individuals and groups
most actively assume their responsibilities, and, consequently, where
the morals of admittedly imperfect human beings are constantly improving;
where trade, assemblies, and associations are the least restricted;
where labor, capital, and populations suffer the fewest forced displacements;
where mankind most nearly follows its own natural inclinations; where
the inventions of men are most nearly in harmony with the laws of God;
in short, the happiest, most moral, and most peaceful people are those
who most nearly follow this principle: Although mankind is not perfect,
still, all hope rests upon the free and voluntary actions of persons
within the limits of right; law or force is to be used for nothing except
the administration of universal justice.
The
Desire to Rule over Others
This must be said: There are too many "great" men in the world
-- legislators, organizers, do-gooders, leaders of the people, fathers
of nations, and so on, and so on. Too many persons place themselves
above mankind; they make a career of organizing it, patronizing it,
and ruling it.
Now someone
will say: "You yourself are doing this very thing."
True. But
it must be admitted that I act in an entirely different sense; if I
have joined the ranks of the reformers, it is solely for the purpose
of persuading them to leave people alone. I do not look upon people
as Vancauson looked upon his automaton. Rather, just as the physiologist
accepts the human body as it is, so do I accept people as they are.
I desire only to study and admire.
My attitude
toward all other persons is well illustrated by this story from a celebrated
traveler: He arrived one day in the midst of a tribe of savages, where
a child had just been born. A crowd of soothsayers, magicians, and quacks
- - armed with rings, hooks, and cords -- surrounded it. One said: "This
child will never smell the perfume of a peace- pipe unless I stretch
his nostrils." Another said: "He will never be able to hear
unless I draw his ear-lobes down to his shoulders." A third said:
"He will never see the sunshine unless I slant his eyes."
Another said: "He will never stand upright unless I bend his legs."
A fifth said: "He will never learn to think unless I flatten his
skull."
"Stop,"
cried the traveler. "What God does is well done. Do not claim to
know more than He. God has given organs to this frail creature; let
them develop and grow strong by exercise, use, experience, and liberty."
Let
Us Now Try Liberty
God has given to men all that is necessary for them to accomplish their
destinies. He has provided a social form as well as a human form. And
these social organs of persons are so constituted that they will develop
themselves harmoniously in the clean air of liberty. Away, then, with
quacks and organizers! Away with their rings, chains, hooks, and pincers!
Away with their artificial systems! Away with the whims of governmental
administrators, their socialized projects, their centralization, their
tariffs, their government schools, their state religions, their free
credit, their bank monopolies, their regulations, their restrictions,
their equalization by taxation, and their pious moralizations!
And now
that the legislators and do-gooders have so futilely inflicted so many
systems upon society, may they finally end where they should have begun:
May they reject all systems, and try liberty; for liberty is an acknowledgment
of faith in God and His works.